As Ramon is the best, this case is the very worst. In fact, it is so bad
that even the very conservative California Supreme Court split 4 to 3
with Governor Schwarzenegger’s sole appointee, Justice Carol Corrigan,
casting the deciding vote. This case essentially holds that a gang
member is responsible for any crime committed by any other member of his
gang while in his presence. Even though he had absolutely nothing to do
with it. Seriously.
          Three gang members (Medina, Marron, and Vallejo) were visiting a
residence when a stranger (Barba) arrived. Vallejo asked Barba where he
was from, a question that has a specific, sinister meaning in the gang
culture. One thing led to another, and eventually the three gang members
engaged in a fist fight with Barba who, to everyone’s surprise, managed
to hold his own in the three against one melee.
          Finally, the owner of the residence broke up the fight, escorted Barba
to his vehicle, and suggested that he leave.. As Burba was driving away
from the house, Medina ran into the street and fired several shots at
Barba’s car. One of them was fatal.
          All three gang members were tried and convicted of murder. On appeal,
the Court of Appeal reversed Marron’s and Vallejo’s convictions because,
obviously, they had not done anything to aid and abet Medina’s
commission of murder. However, the Supreme Court reversed the Court of
Appeal and reinstated the murder convictions and life sentences for all
three defendants.
          The majority essentially held that, when gang members participate in a
fight with a third party, they should recognize the distinct possibility
that the fight will escalate into lethal violence. With all due respect,
this proposition seems preposterous, as all three appellate justices and
three of the seven Supreme Court justices concluded. But, unfortunately,
the ruling of the other four Supreme Court justices is what counts.
Hopefully, this ruling will be overturned by the federal courts on the
ground that Marron and Vallejo were denied due process of law by being
convicted of a crime they essentially had nothing to do with. However,
in the meantime, Medina is very much the law of this state, and the
number of situations in which deputy district attorneys may try to use
the “reasoning” of this case to their advantage is limitless.